Mohammed Hameeduddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.647 OF 2015 ORDER:

This Criminal Revision Case is filed against order, dated 23.02.2015, passed in Crl.M.P. No.145 of 2015 in Crime No.245 of of P.S.Narsingi, by the VIII Metropolitan Magistrate, Rajendranagar, Cyberabad.

The de facto complainant made a complaint before the Narsingi Police stating that the after completion of his duties, he wanted to go to Shamshabad and as such he boarded a Innova vehicle in which the accused persons, who were already in the vehicle, robbed his cell phone and also the gold chain and ring and thrown him outside near Shadan Hospital at Appa Junction. After registering the crime, the police recovered the vehicle. The petitioner herein, who claims to be owner, filed an application before the Court below for release of the vehicle. The trial Court dismissed said application. Aggrieved over the same, this revision is filed by the petitioner. Heard and perused the material available on record.

Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, and he is not involved in the said crime and he is doing business on the above vehicle and the said vehicle is falsely implicated in the crime and if the vehicle is exposed to sun and rain and is kept idle, it would be damaged. He further submits that the investigation is completed and the charge sheet is also filed before the Court concerned and the petitioner is ready and willing to furnish security for release of the vehicle.

Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

Considering these circumstances, it is directed that the Innova vehicle bearing Registration No.AP 15 AD 6325 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on petitioner executing a personal bond for Rs.4,00,000/- (Rupees four lakhs only) with one surety for the like sum and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further shall undertake to produce the vehicle as and when required by the Court.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J June 08, 2015.

KTL